alt Hacker News> colonial powers effectively invented it
“In both Roman law and Islamic law, notions of a commonality of the seas were firmly established” (Id.). (It’s also weird to describe a custom of commons as colonial. European colonialism was about the opposite, turning historic commons into private rights.)
As a normative concept, you’re right, it’s new. But the notion that a great power would protect sea access for a variety of groups is old. More as a practical matter, granted—it’s hard to project enough power onto an ocean to control it.
Replies
What is the source?
Roman and Islamic law were also pretty much "colonial", even though the term is used of modern European empires, Rome was also an Empire, and the Arab Empires were also aggressively imperialist and maritime traders.
> weird to describe a custom of commons as colonial
When you point at a resource under my control and force me to share it (or else), it's not "a custom of commons" - it's a classic colonial appropriation.
Which is also how Rome and (initially) the Islamic kingdoms saw the sea when they were upstarters - Rome was very much not a naval power to begin with (or ever, really) and Islamic kings resorted to piracy to match Italian and Spanish powers.
Beyond lofty words, when they finally ended up controlling the straits, both empires definitely treated them like personal possession ("mare nostrum", Ottomans closing the Bosphorous...). Like everyone else, in practice.